On The Standard Of Proof In Copyright Infringement Litigation Of Online Games

As the 2016,the scale of Chinese game users reached 566 million,and the actual sales revenue of the Chinese game market reached 165 billion 570 million yuan.Under the temptation of such a market environment,a large number of funds poured into the game market,and the competition of the game market has become increasingly daylight.However,due to the relatively limited ability of game development in China,many small game developers do not have the ability and conditions to develop excellent games independently,so copyright infringement activities such as copyright plagiarism and imitation happen frequently under the temptation of huge economic interests.These copyright infringements not only greatly damage the fair competition environment of the game industry,but also have great damage to the good development of China's game industry.How to control this phenomenon and prevent the further deterioration of the industrial environment has become a top priority.At present,the phenomenon of copyright infringement in our country is ubiquitous,and the mode of infringement mainly includes piracy,private service and external hanging.People's Republic of China "copyright law","People's Republic of China Computer Software Protection Ordinance" and other laws and regulations have to include the game copyright,protection made substantive law provisions on Online Games copyright infringement occurrence frequency,the number of game copyright infringement litigation should be considerable.However,the fact is that the proportion of game copyright infringement suits is quite low in all civil actions.Most of the copyright infringement actions have not been effectively relieved.The reason can be said to be multifaceted,but the game copyright infringement litigation difficult to win the decision is one of the important reasons.As the information of the Chinese referee's document network,the probability of winning a lawsuit in a game copyright infringement lawsuit is far less than the probability of losing the lawsuit.So,what is the fundamental reason why the game copyright infringement litigation is difficult to win the lawsuit? Related intellectual property litigation professionals say that the unclear standard of proof in game infringement litigation results in a very important reason for the fact that the infringement is difficult to identify.There is no reasonable and feasible litigation procedure to ensure that the rights holders can effectively protect their rights and interests,protect the rights of the obligee,and promote the good development of China's gaming industry.How to determine the standard of proof is an important problem in game copyright infringement litigation in the pursuit of value should be the substantive law according to the objective law of game copyright object particularity,and evidence for the formation of game copyright infringement proceedings service according to the specific game copyright infringement lawsuit should be the standard of proof,so as to effectively maintain the game copyright the legitimate rights and interests,the regulation of torts,so as to promote healthy competition and healthy development of the gaming market.Therefore,it is under the aim of strengthening the protection of the game copyright and promoting the healthy development of the industry.This paper intends to analyze the standard of proof in the litigation of copyright infringement,to make some suggestions for the improvement of the copyright infringement litigation in China.